Madhya Pradesh Court January 2014 Judgments
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Banspati Singh Vs. the State of Madhya Pradesh Judgement Given By: Hon ...
Court: Madhya Pradesh
Decided on: Jan-29-2014
Banspati Singh & ORS.versus State of M.P.& ORS.Criminal Revision No.732 / 2013 29.1.2014. Shri R.P.Singh, learned counsel for the applicants. Smt. Nirmala Nayak, learned Government Advocate for the State. Challenge in this revision petition under Section 401 of the Code of Criminal Procedure, is made to an order passed by the trial court confirming all charges against the applicants under Sections 323, 325, 294, 452, 308, 506-B r/w 34 of IPC. During the couRs.of hearing learned counsel for the applicants tried to emphasize that the allegations against applicants are not proved and based on medical evidence an offence under Section 308 is not made out. On perusal of case diary and statements of complainant and the eye-witness namely, wife of complainant, goes to show that the complainant had gone for attending certain religious function (13th day ceremony) in connection with death of a villager and due to previous enmity with the applicants, they assaulted the complainant due to which c...
Sanjay Kumar Kewat Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Jan-29-2014
- 1 -1 W.A.No.1047/2011 29/1/2014 : Shri A.P.Singh, learned counsel for the appellant. Shri Rahul Jain, learned Dy. Advocate General for the respondents. This appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam 2005 arises out of an order dated 2.5.2011 passed by the Writ Court in W.P.No.21519/2003. Appellant herein claiming to be son of Late Shri Phool Chand Kewat who was working in the Education department and died in harness, sought compassionate appointment. The application for compassionate appointment was rejected on 7.5.2002 and therefore, the writ petition was filed. It was found by the Writ Court that father of the appellant died on 24.2.2000 and the application for compassionate appointment was filed on 21.7.2000 which has been rejected mainly on the ground that two elder brothers of the appellant namely one Shri Rajendra Prasad Verma and Murli Prasad Verma are already working in the Government Department and as per the policy of ...
Shiv Prasad Shah Vs. the State of Madhya Pradesh Judgement Given By: H ...
Court: Madhya Pradesh
Decided on: Jan-29-2014
- 1 -1 W.P.No.21157/2013 29/1/2014 : Shri Agnivesh Dubey, learned counsel for the petitioner. Shri Lalit Jogelekar, learned Panel Lawyer for respondents No.1 to 3. Shri Amit Dubey, learned counsel for respondent No.4. Heard on the question of admission. The petitioner has filed this petition under Article 226/227 of the Constitution of India for issuing appropriate writ for following reliefs :- 1. To grant benefit of compensation for acquired land and house which has been acquired by the respondents. 2. To call the entire records in respect of the acuisition of land. 3. To direct the respondents to give benefit of scheme along with the compensation. 4. Any other relief or writ or direction or order which this Hon'ble Court may deem fit and proper looking to the facts and circumstances of the case be awarded to the petitioner including the cost of the petition. Initially the case was argued at length by the petitioner's counsel but in response of some query of the Court, he restricted h...
Kedar Singh Vs. the State of Madhya Pradesh Judgement Given By: Hon'bl ...
Court: Madhya Pradesh
Decided on: Jan-29-2014
W.A.No.18/2014 1 Kedar Singh Vs. State of MP & Ors. 29/01/2014 Shri D.K.Tripathi, learned counsel for the appellant. Shri Rahul Jain, learned Dy. Advocate General for the respondents/State on advance notice. Challenge in this appeal under Section 2 (1) of the MP Uccha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam 2005 is made to an order Annexure-A1 dated 6.12.2013 passed by the Writ Court in W.P.No.13815/2012. By the aforesaid order, the learned Writ Court has dismissed the writ petition filed by the petitioner.2. Facts in nutshell go to show that an advertisement was issued by the Panchayat in question on 14.2.2006 for appointment of Panchayat Karmi, 26 applications were received. A meeting of the Gram Panchayat was held on 21.2.2006 and the petitioner who had received 42.6% was directed to be appointed as a Panchayat Karmi. Subsequently, an order was also passed on 22.2.2006, whereby he was appointed as a Panchayat Karmi, Jamuna, thereafter, under Section 69 (1) of the MP Pancha...
Smt. Pushplata Sharma Vs. Principal Secretary Panchayat and Social Wel ...
Court: Madhya Pradesh
Decided on: Jan-29-2014
1 W.P.No.1115/2014 Writ Petition No.1115/2014 29/01/2014 Shri A.P.Singh, learned counsel for the petitioner. Shri S.S.Bisen, learned Govt. Advocate for the respondents/ State. Documents filed vide I.A.No.1455/2014 is taken on record. The issue as raised herein as to whether the petitioner, an Anganwadi Worker, has a right to serve beyond 60 years of age, is no more res-integra and has been settled at rest by the decision in W. P. No.13320 of 2009(s) (Smt. Santosh Dubey v. State of Madhya Pradesh and others) and bunch of petitions by order dated 04-03-2010 wherein it was held :-13. The Ministry of Woman and Child Development Department of the State Government issued instructions on 27.5.2006 which lays down therein the service conditions of the Anganwadi Workers and Sahayika. The circular issued on 27.5.2006 was in supersession of the earlier instructions issued on 29.1.2001, 2.3.2002, 27.5.1996 and 12.9.2002. Under the said instructions the State Government laid down the criteria for a...
Shamsher Bahadur Singh Vs. Ram Milan Vishwakarma Judgement Given By: H ...
Court: Madhya Pradesh
Decided on: Jan-29-2014
1 W.P.No.3196/2013 Writ Petition No.3196/2013 29/01/2014 Shri Mohd.Ali, learned counsel for the petitioneRs.Heard on admission. Order dated 27.01.2012 and 23.01.2013 passed in Miscellaneous Civil Appeal 09/2011 is being assailed vide this writ petition under Article 227 of the Constitution of India. By order dated 27.01.2012 in Appeal directed against the order dated 07/07/2011 passed in civil suit 55-A/2011 rejecting the petitioner's application under Order 39 Rule 1 & 2 of the Code of Civil Procedure, 1908 has been dismissed. Whereas by order dated 23.01.2013 a review sought by respondent/plaintiffs of the order dated 27.01.2012 has been partly allowed. The suit by the respondent/plaintiffs is under Section 5 and Section 34 of the Specific Relief Act for declaration of ownership over the land bearing KhaSr.No.328/0.03, 339/0.08, 345/0.74, 346/0.03, 347/0.11 and that the sale deed dated 06.12.1967 in favour of respondent No.1/defendant No.1 be declared as null and void. And for declar...
Nemraj Singh Vs. Madhya Pradesh Rajya Van Vikas Nigam Judgement Given ...
Court: Madhya Pradesh
Decided on: Jan-29-2014
1 W.P.No.5710/2013 Nemraj Singh versus Madhya Pradesh Rajya Van Vikas Nigam 29.01.2014 Shri Manoj Chandurkar, learned counsel for the petitioner. Heard on the question of admission. The petitioner has filed this petition being aggrieved by order dated 203.01.2008 by which the petitioner's reference for adjudication of the dispute under the Industrial Disputes Act has been dismissed by the court below for want of prosecution. It is submitted by the learned counsel for the petitioner that the petitioner's reference was dismissed by the Labour Court for want of prosecution on 23.1.2008 without looking into the fact that the petitioner had not appeared in the proceedings on one single occasion thereby leading to injustice and in such circumstances the impugned order be set aside and the matter be remitted back for adjudication on merits. Having heard the learned counsel for the petitioner, it is observed that the order dismissing the dispute raised by the petitioner is dated 23.1.2008 wher...
Ram Narayan Dubey Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Jan-29-2014
1 W.P. No. 1541 Of 2014 29.1.2014 Shri B.N. Sharma, learned counsel for petitioner. Shri S.S. Bisen, learned Government Advocate for respondent State of M.P on advance notice. With consent of learned counsel for parties the matter is heard finally. Petitioner, a retired Block Extension Educator, Department of Public Health and Family Welfare vide this petition seeks direction to the respondents to grant him 336 days of leave encashment instead of 291 days. The claim is putforth on the basis of circular issued by Finance Department bearing No. 50/1815/20/fu-6/pkj, dated 8.1.1996, which is in the following terMs.lsokfuo`fRr ij vftZr vodk'k ds uxn Hkqxrku dh ik=rk dk lw= & foRr foHkkx ds Kkiu ekad&87@551@87@fu&1@ pkj].fnukad 10&3&87 }kjk izlkfjr vkns'kkuqlkj vc ,d o"kZ dh vof/k iw.kZ gksus ij 7 fnu vkSj nks o"kZ dh vof/k iw.kZ gksus ij 15 fnuksa ds vftZr vodk'k ds leiZ.k ,oa uxnhdj.k dh lqfo/kk nh xbZ gS A bl vkns'k ds iwoZ ,d ...
Ku. Jyoti Yaduwanshi Vs. the State of Madhya Pradesh Judgement Given B ...
Court: Madhya Pradesh
Decided on: Jan-29-2014
W.P.No.307/2014 (Ku. Jyoti Yaduwanshi versus State of MP and otheRs.29.01.2014 Heard Shri A.D.Mishra, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition praying for a direction to the respondents/authorities to issue online advertisement to complete the proceedings for appointment of Samvida Shala Shikshak II by considering the case of the petitioner who is an untrained candidate in the light of clause 10 of ScheduleII of the M.P.Panchayat Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005 which was inserted by notification dated 27.06.2011. It is submitted that in Chhindwara 91 posts of unreserved category are lying vacant on account of the fact that qualified persons are not available but the respondents/authorities are not appointing untrained persons as provided in clause 10 of Schedule II. The petitioner on the basis of the aforesaid assertion has made a prayer for direction to the resp...
Laxman Choudhary Vs. the State of Madhya Pradesh Judgement Given By: H ...
Court: Madhya Pradesh
Decided on: Jan-29-2014
W.P.No.21595/2013 (Laxman Choudhary versus State of MP and otheRs.29.01.2014 Heard Shri Riyaz Mohd. learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition alleging that though the respondents/authorities by order dated 01.11.2013 have reconsidered the case for re-fixation as directed by this court in W.P.No.13425/05 and has held that the petitioner has been given special pay from 01.01.1996 to 31.08.2000 in view of the order dated 11.09.2000 but infact the petitioner was never given any special pay by the respondents/authorities. It is submitted that petitioner's pay for re-fixation has also not been considered properly and therefore, the impugned order dated 01.11.2013 rejecting the petitioner's representation suffers from non-application of mind. Having heard the learned counsel for the petitioner, it is observed that the issues as to whether the petitioner has been properly fixed in the scale of pay and was paid spe...
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